Abery Trade Services Ltd
Terms and Conditions
ATS Abery Trade Services Ltd trading as ATS Landscapes, its employees, agents and subcontractors.
The entity to which the Quotation is addressed, whether a private person or persons or a corporate body.
The agreement between ATS and the Customer as evidenced by the Quotation issued to the Customer by ATS; the Customer’s written
acceptance of such Quotation and these Terms and Conditions.
The document evidencing the work to be carried out to create the Installation
The development as requested by the Customer Writing, Written Any communication by way of letter, email, text, WhatsApp or similar messaging service.
The materials required by ATS to complete the Installation as identified in the Quotation together with any permissions that may be required by ATS, including, but not limited to, parking permits.
The date on which the Customer accepts the Quotation. This will be the
date of the Contract.
The date agreed between ATS and the Customer for the work to be started.
These expressions shall have the following meanings ascribed to them:
The Quotation provided by ATS to the Customer shall be in Writing and is valid for 30 days from the date thereof.
The quotation is based on there being unlimited and free access to the Installation site.
Upon acceptance of the Quotation by the Customer in Writing:
a. the Customer is deemed to have agreed to these Terms and Conditions;
b. ATS will agree with the Customer a Start date. ATS will use all reasonable endeavours to commence work on the Start date but the Customer accepts that such date could change as a result of weather conditions or other matters that are beyond the reasonable control of ATS including, but not limited to, any delay in the
availability of materials;
c. The Customer will pay ATS a deposit of 10% of the amount of the Quotation (including VAT).
a. A deposit is payable upon acceptance of the Contract in accordance with Clause 3 b.
b. In the event that the works are scheduled to take more than 1 week, the Customer shall pay ATS stage payments at intervals of 1 week. The first stage payment being due 1 week after the Start date. The amount of such stage payments will take into consideration the cost of Materials, labour and any administrative costs incurred during the week prior to the stage payment falling due.
c. A final payment equal to the amount of the Quotation, less any deposit and stage payments received by ATS from the Customer, shall be due and payable on the date of practical completion of the Installation. No monies will be withheld by way of. retention.
d. Payments shall be made in accordance with the guidance on the Quotation.
e. All Materials will remain the property of ATS until all payments have been received by ATS. In the event of non-payment, the Customer agrees that ATS may enter the premises where the works have been carried out and remove such materials. The Customer will be responsible for the costs of such removal in addition to the amount of the original Quotation.
5. Customer’s responsibility
The Customer shall be responsible for:
a. providing and maintaining a safe working environment;
b. providing suitable access to the site where the works are to be carried out;
c. making available access to a mains electricity and water supplies;
d. notifying ATS of the whereabouts of any underground cables, pipes or other obstructions in the area in which the works are to be carried out or in the vicinity of such area;
e. reimbursing ATS in respect of the cost of repairing or replacing any cables, pipes or other obstructions that have been damaged by ATS while undertaking the work but for which ATS were not notified under the terms of Clause 5d above;
f. any additional costs incurred by ATS as a result of a change by the Customer of the original specification identified on the Quotation;
g. obtaining any necessary permissions for the work to be carried out including, but not limited to, planning permission, building regulations and party wall agreements;
h. removing any garden furniture, toys, climbing frames, trampolines and any other articles to a distance of at least 5 metres from the site where the Installation is to be sited and from any areas required for access to the site.
6. ATS responsibility
a. Construct the Installation in accordance with the Quotation;
b. guarantee the workmanship involved with the Installation for one year but shall not guarantee the Materials used. Materials are, in some cases, covered by the manufacturers guarantee. In the event of a Material being found to be faulty after practical completion of the Installation, ATS will, if it is within its ability to do so, assist the Customer with its claim against the manufacturer:
c. the workmanship guarantee mentioned in 6a above will only be given if ATS completes the entire instillation and not in the event that ATS is asked to complete or modify an existing installation constructed in whole or in part by a third party or the Customer;
d. upon completion, remove all debris and other materials not required for the Installation and leave the completed Installation and the surrounding area clean and tidy;
e. if asked, assist the Customer with the removal of any objects obstructing the site as mentioned in Clause 5h but shall have no responsibility for any damage to such objects save to the extent covered in sub-clause 6f below;
f. ATS shall be responsible for reimbursing the Customer for any costs incurred by the Customer as a result of any damage caused by ATS as a direct and reasonably foreseeable consequence of the wilful default or negligence of ATS;
a. Should the Customer notify ATS in Writing that the Customer has decided to terminate the Contract, then ATS will refund the deposit, provided that:
i. such notice is received by ATS at least 15 calendar days prior to the Start date
ii. no Materials have been purchased or ordered that cannot be cancelled or returned. In that event, the Customer will reimburse ATS the cost of such Materials (including VAT, if applicable).
b. Should notification of termination be received by ATS fewer than 15 calendar days prior to the Start date then:
i. the deposit will not be refunded
ii. The Customer will reimburse ATS the cost of any Materials that have been purchased or ordered that cannot be cancelled or returned.
c. Should the Customer decide to terminate the Contract after work has started, then the Customer will pay all amounts outstanding under the Contract.
d. ATS may terminate the Contract prior to the Start date by notifying the Customer in Writing and shall reimburse any deposit held.
e. In the event that ATS is unable to continue with the works as a result of any matter that is beyond the reasonable control of ATS. Then ATS will charge only for the cost of the work carried out based on the cost of materials that cannot be returned, labour and associated administrative costs.
Notices that are to be served on one party by the other party shall be sent by first class post or recorded delivery to the last known address of the party upon which the notice is served.
Such notices shall be deemed to have been received 72 hours after posting.
This Contract shall be interpreted in accordance with the Laws of England and the jurisdiction of the English courts.